Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)----- S.13 --- Limitation Act QX of 1908), S.19 --- Contract Act (X of 1872), S. 25-- ­"Rent due" includes time-barred rent --- Word "default"-- -Connotation ---Time- barred rent does not preclude landlord for the enforcement of his right for eviction of tenant on the ground of default. The Rent Restriction Ordinance is a special statute. The Ordinance restricts the increase of rent and .the eviction of tenants. A machinery has been provided for the eviction of tenants and certain rights have been granted to the tenants under this Ordinance if they fulfil their obligations. The Ordinance is not a statute for the recovery of rent. A landlord who wants to recover the rent without seeking the eviction of his tenant has to rile a suit for recovery of rent in the Civil Court. In case eviction is sought on the ground of default then he has to apply to the Rent Controller. The "rent due" includes time-barred rent. The recovery of rent and eviction of tenant are two distinct cases. It is a different matter that a landlord cannot recover the amount due to lapse of time but the liability would not be extinguished. An action to recover rent in a Court of law may not be available but eviction of tenant on the ground of default will still be available to the landlord. The contention that an eviction application is not entertainable on the ground of default of time-barred rent cannot be accepted. A tenant is entitled to retain possession of a premises on certain conditions including the payment of rent. Once it is established that he has defaulted in the payment of rent, he loses his right to occupy the premises. The word "default" connotes an element of negligence and failure of the tenant to fulfil his obligation under the law. Under section 13(6) of the Ordinance the Controller shall direct the tenant to deposit rent due from him and also deposit till the final decision of the case before the 15th day of each month the monthly rent. This provision is not meant for the recovery of rent. This order is tentative in nature. Limitation in personal action bars only the remedy and does not extinguish the right itself.…

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